To: Swordmaker
So the guy has a logo...registered in Minnesota. I'm not using 'his' logo.
I seem to be in good shape, what do you think?
54 posted on
04/16/2002 4:04:43 AM PDT by
invoman
To: invoman
Seems you are in good shape, yes. The TMs in question are words AND LOGO. If you don't use the words AND LOGO, you are not infringing. The use of AND LOGO is what permits some folks to trademark phrases that are otherwise in common use -- the LOGO sets the mark apart.
Also, his use of the (R) is not permitted, because the mark is not federally registered.
If I was in your shoes, I'd ignore this twerp's letter. Make him work/take the next step. Don't even acknowledge receipt of the notice.
60 posted on
04/16/2002 5:39:51 AM PDT by
Cboldt
To: invoman
I am not a trademark lawyer, so I do not know for certain... however his Minnesota registered trademarks are
"Minnesota Fishing & Logo Design"
and
"Fishing Minnesota & Logo Design"
and those exact phrases are probably enforceable. Note that the Secretary of State of Minnesota has ALSO registered "Minnesota Fisheries", "Minnesota Fishing Federation" and Minnesota Fishing and Wildlife Museum". Their names are as similar to his as is yours. Is he also attempting to make them "cease and dissist"? I doubt it.
To: invoman
Do not listen to the nay sayers.
do your homework
What does the logo look like?
Be aware they may try to argue they have lost business to you.
Sounds like they just went on the web and searched for all
web matches for the words fishing and minisota.
give it a try.
DO NOT ROLL OVER without investigating first.
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